OFCCP Issues Certainty Directive

Wednesday, December 16, 2020

Fast Hit: On December 15, 2020, OFCCP introduced the discharge of Directive 2021-02, Certainty in OFCCP Insurance policies and Practices (the “Directive”). The Directive usually “reaffirms” numerous certainty initiatives beforehand introduced in company publications, equivalent to well timed and environment friendly progress of compliance evaluations, skilled conduct by OFCCP workers, and impartial scheduling of compliance evaluations. The one further commitments made by the company within the Directive are to conduct ongoing evaluations of its insurance policies and practices to make sure they’re clear and sure to the stakeholder neighborhood, and to supply a course of by which contractors can search clarification or disclosure of a coverage or apply to make sure higher certainty.

Extra Element: In 2018, OFCCP adopted the rules of Certainty, Effectivity, Recognition, and Transparency (the “CERT Rules”). OFCCP subsequently issued three directives associated to the CERT Rules – Directive 2018-03, Transparency in OFCCP Compliance Actions, Directive 2018-06, Contractor Recognition Program, and Directive 2020-02, Effectivity in Compliance Evaluations. The Directive is the ultimate directive associated to the 4 CERT Rules. Its acknowledged goal is “[t]o reaffirm OFCCP’s dedication to numerous certainty initiatives and rules, and set up a course of to facilitate the continued provision of readability and certainty in OFCCP insurance policies and practices.”

The Directive incorporates and attaches steerage the company beforehand printed entitled “What Federal Contractors Can Anticipate” (known as the “Contractors Invoice of Rights”). In that doc, OFCCP set forth the next eight commitments:

Entry to Correct Compliance Help Supplies
Well timed Responses to Compliance Help Questions
Alternatives to Present Significant Suggestions and Collaborate
Skilled Conduct by OFCCP’s Compliance Employees
Impartial Scheduling of Compliance Evaluations
Cheap Alternative to Focus on Compliance Analysis Issues
Well timed and Environment friendly Progress of Compliance Evaluations
Confidentiality

Accordingly, the Directive does little greater than repackage prior commitments in a extra formal approach. The Directive, does nevertheless, break some new floor, offering that “the company is now including a dedication to conduct ongoing evaluations of its insurance policies and practices to make sure they’re clear and sure to the stakeholder neighborhood, and to supply for a course of by which a member of the stakeholder neighborhood can search clarification or disclosure of a coverage or apply to make sure higher certainty.”

The Directive additionally highlights the next company actions as proof of its concentrate on growing certainty:

The promulgation of the company’s remaining rule on Nondiscrimination Obligations of Federal Contractors and Subcontractors: Procedures to Resolve Potential Employment Discrimination.